Can a New York resident employee of the united nations who was injured
while on the job in Kosovo sue the united nations for its refusal to
provide timely medical care in Kososo resuling in permanent debilating
injury to the employee?

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Clarification of Question by arshack-ga on 26 May 2005 14:34 PDT

Please provide basis of answer including citations to relevant documents.

Thanks

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Request for Question Clarification by pafalafa-ga on 28 May 2005 08:02 PDT

arshack-ga,

I can see nothing that would prevent you from bringing suit against
the United Nations.

The UN has been sued on numerous occasions, and I have even found one
1993 workers compensation suit against the UN (for exposures to toxic
chemicals on the job), although there is nothing in databases about
how the suit was ultimately resolved.

Of course, your ability to bring suit is no guarantee that you would
win.  However, the UN does seem to be required to operate within the
constraints of existing worker protection laws, much as other
businesses and organizations.

If you'd like, I can post some additional details about the existing
suits against the UN as an answer to your question.  These suits would
be useful background information were you to take your case to a
lawyer.

However, I don't think that -- in and of themselves -- they would
provide any sort of thorough guidance for you in terms of how to
proceed.  For that -- if you ultimately decide to bring suit -- you
would need the services of a knowledgable lawyer.

Let me know what you think.

pafalafa-ga

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Request for Question Clarification by pafalafa-ga on 02 Jun 2005 14:27 PDT

Just checking in...any thoughts on the above questions?

paf

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Clarification of Question by arshack-ga on 02 Jun 2005 16:23 PDT

The commenter noted...."However, I don't think that -- in and of
themselves -- they would provide any sort of thorough guidance for you
in terms of how to proceed." I am looking for just that guidance.

  The commenter wrote "the UN does seem to be required to operate within the
constraints of existing worker protection laws, much as other
businesses and organizations."  Please note that the question asks
whether a particular type of suit is permitted... further  we seek an
answer which include citations to relevant documents.


Thank you for your comments. They do not answer the question.

My feelings for the person involved.
Of course one can sue, but with what hopes of success?  
I would talk try to find a lawyer who will take this on a contingency
fee (a percent of the award if it is successful).
If  - big IF -  someone could tell you that the person had a very good
case, you might find a lawyer that would take the case for a standard
fee, but since any suggestions here are not legal advice, it gets back
to finding a lawyer.

Good luck and regards,
myoarin

HI Arshack,
Pafalafa-ga did give you some guidance: that you will have to ask a lawyer.
Unless there has been a suit for an extremely similar situation  - and
info about it can be found on the web - information about other suits 
- successful or not - will not demonstrate anything except that one
may sue.
But we knew that already, one can sue anyone or any corporation, but
it may be thrown out of court for being groundless, with lots of
expenses.
The situation that you describe would not, it seems, fall in that
category, but only a lawyer could advise you.
I feel confident that if Pafalafa had found anything more supportive,
he would have said so.

As you can read in the disclaimer below, none of this is legal advice.

I feel for the person involved, Myoarin